2009Upholding the rule of law in matters of U.S. foreign policy, particularly in our nation’s dealings with Greece, Cyprus, and Turkey.http://ahiworld.org/media-center/announcements/2009.html
Mon, 03 Aug 2015 00:25:34 +0000Matrix Glitcher v.2.3en-gbLetter to President Obama http://ahiworld.org/media-center/announcements/2009/1251-letter-to-president-obama-.html
http://ahiworld.org/media-center/announcements/2009/1251-letter-to-president-obama-.htmlLetter to President Obama

On behalf of the nationwide membership of the American Hellenic Institute (AHI), we congratulate you on your historic inauguration. We wish you every success as you embark on your noble mission of leading our nation during this very difficult period.

As you begin to formulate and advance your foreign policy agenda, we look forward to working with you and your administration in continuing to strengthen the historic bonds of friendship between two long-time allies, the United States and Greece, and to improve upon the good relations between the United States and Cyprus.

Your pre-election statements on matters of concern to the Greek American community were well received by the community.

At this time, we write to more fully address in detail our community’s core issues of concern in Southeastern Europe and the Eastern Mediterranean based on what is in the best interests of the United States.

Background

The projection of U.S. interests in the region depends heavily on the stability of the region. Therefore, the United States has an important stake in fostering good relations between two NATO allies, Greece and Turkey, and in achieving a just and viable settlement of the Cyprus problem.

Greece is of vital importance for the projection of U.S. strategic interests in the region by virtue of, among other factors, its geographic location and its role as home to the most important naval base in the Eastern Mediterranean Sea, Souda Bay, Crete.

A key to stability in the region is for Greece and Turkey to have good relations with each other, promote democratic ideals and principles, and maintain growing economies. However, Turkey’s continuing occupation of Cyprus, its intransigence in solving the Cyprus problem, its refusal to recognize the Republic of Cyprus and its veto to the accession of Cyprus to international organizations, its continuing violations of Greece’s territorial waters and airspace, and continuing religious and human rights violations in Turkey, threatens and prevents this stability, and damages U.S. interests.

As your administration forges ahead on these issues, we hope that you will draw on past policy positions that you and Vice President Joe Biden have supported as they relate to these important issues.

Cyprus

Mr. President, in a statement that your campaign released to the Greek American community in October 2008, you stated:

“As president, [I] will show U.S. leadership in seeking to negotiate a political settlement on Cyprus. [I] believe strongly that Cyprus remain a single, sovereign country…within a bi-zonal, bi-communal federation…A negotiated political settlement on Cyprus would end the Turkish occupation of northern Cyprus and repair the island’s tragic division while paving the way to prosperity and peace throughout the entire region.”

Since 1974, Vice President Biden has been a leading voice in the Congress in his support for ending the Turkish military occupation of Cyprus and for seeking a just and viable solution to this problem.On July 20, 1974, Turkey invaded the Republic of Cyprus with the illegal use of U.S.-supplied arms and equipment in violation of the U.S. Foreign Assistance Act of 1961, as amended, the United Nations Charter article 2 (4), the preamble and article 1 of the NATO Treaty and customary international law. Turkey occupied about four percent of Cyprus during the initial phase of its invasion. Turkish pilots flying American planes dropped American-made bombs (including napalm bombs), terrorizing and killing innocent Greek Cypriot civilians in Nicosia, Famagusta, Kyrenia, and elsewhere.

On August 14, 1974, three weeks after the legitimate government of Cyprus was restored, consistent with the applicable treaties, Turkey launched the second phase of its invasion of Cyprus. During this second phase, Turkey grabbed another 33 percent of the island, expanding its land grab to over 37 percent of Cyprus’s sovereign territory.

The Turkish army has continued to occupy this territory ever since. It is an affront to the international legal order and a continuing threat to regional stability.

The invasion and Turkey’s continuing occupation have drawn universal international condemnation, as reflected in U.N. resolutions, statements by members of Congress, The Council of Europe and from many nations, and various court decisions in Europe, with a notable exception -- the Executive Branch of our government.

Turkey contributes more than $350 million annually in direct economic support to the regime in the occupied parts of Cyprus, and it is estimated that the total cost to Turkey of its illegal occupation amounts to $1 billion annually. To secure its land grab of Cypriot territory, Turkey has illegally settled northern occupied Cyprus with more than 180,000 Turks from Anatolia in violation of the Geneva Convention of 1949, section III, article 4, which prohibits colonization by an occupying power. These colonists are beholden to their Turkish sponsors whose heavy annual outlays subsidize them. As money is fungible, U.S. economic aid has subsidized Turkey's occupation of Cyprus for decades.

There is no legal distinction between Turkey's 1974 invasion of Cyprus and Iraq's invasion of Kuwait. The Cyprus problem is one of invasion and occupation by Turkey. The European Court of Human Rights in Cyprus v. Turkey found that Turkey committed massive violations of human rights. Viewed objectively, Turkey in 1974 committed war crimes in Cyprus in view of the evidence presented to the European Commission of Human Rights and the findings of the Commission in its report of July 10, 1976. The London Sunday Times on January 23, 1977, published excerpts of the report (page 1, col.1) which stated: “It amounts to a massive indictment of the Ankara government of the murder, rape and looting by its army in Cyprus during the Turkish invasion of summer 1974.”

Cyprus is an important nation for U.S. interests in the Eastern Mediterranean and Middle East. The so-called “Sovereign British Bases” on Cyprus and the British listening posts on Cyprus are on Cypriot territory and have been of significant importance to the United States. Cyprus is a member of the European Union (EU) and a Western-oriented country. It is important to U.S. interests that it remain so.

The government of Cyprus and the Greek Cypriots, under the leadership of the late former, President Tassos Papadopoulos, played an exceptional role in evacuating 14,000 Americans from Lebanon during the Israel-Lebanon conflict in 2006.

President Papadopoulos’ initiative with Secretary-General Kofi Annan on February 28, 2006, and the subsequent agreement of July 8, 2006, between President Papadopoulos and the Turkish Cypriot leader Mehmet Ali Talat initiated by U.N. Under Secretary-General for Political Affairs, Ibrahim Gambari, included a “commitment to the unification of Cyprus based on a bi-zonal, bi-communal federation and political equality, as set out in the relevant Security Council resolutions,” and an “agreement to begin a process immediately, involving bi-communal discussion of issues that affect day to day life of the people and concurrently those that concern substantive issues both of which will contribute to a comprehensive settlement.”

Since September 3, 2008, when the new round of negotiations began, there have been 19 meetings held between President Demetrios Christofias and the Turkish Cypriot leader Mehmet Ali Talat. We welcome these developments. However, unless Mr. Talat is allowed to negotiate solely on behalf of the Turkish Cypriots, without the external pressures that are being placed on him by Turkey, there will be little chance for progress to be made.

We support a settlement of the Cyprus problem through negotiations based on a bi-zonal, bi-communal federation in a state with a single sovereignty and international personality, incorporating the norms of a constitutional democracy embracing key American principles, the EU acquis communautaire, U.N. resolutions on Cyprus, the pertinent decisions of the European Court of Human Rights and of other European Courts--as in the best interests of the United States.

Mr. President, we call upon you to ask Turkey to:

demilitarize Cyprus;

withdraw its 40,000 occupation troops illegally in Cyprus;

return to Turkey the 180,000 illegal settlers/colonists from Turkey in violation of the Geneva Convention of 1949;

tear down the green line barbed-wire fence across the face of Cyprus which, together with Turkey’s 40,000 occupation forces, is the cause of the alleged isolation of the Turkish Cypriots in the occupied northern part of Cyprus; and

warn Turkish leaders not to manipulate the current talks or restrict Mr. Talat at the bargaining table.

The removal of Turkey’s troops, colonists and barbed-wire fence would end the Turkish Cypriot’s economic isolation caused by Turkey and go a long way to solving the Cyprus problem because the Greek and Turkish Cypriots could then work out a fair and effective agreement.

Advocating these policy decisions would underscore support for the rule of law and respect for international law. This would illustrate that the United States truly wishes to advance the cause of solving the 35-year-old Cyprus problem. Continuing former failed policies that promote a double standard in applying the rule of law to Turkey and the continuing appeasement of Turkey does not serve U.S. interests.

Turkey’s Suppression of the Religious Freedom of the Ecumenical Patriarchate and its violations of the rights of non muslims communities in turkey

Mr. President, in a statement that your campaign released to the Greek American community in October 2008, you stated:

“[You were] one of 73 Senators who signed a letter to President Bush in 2006 urging him to press Turkey to restore the full rights of the Ecumenical Patriarchate of the Orthodox Christian Church in Istanbul. [And that you had sent] Secretary of State Condoleezza Rice a personal letter on the same matter. [You called on] Turkey to respect the Ecumenical Patriarchate’s rights and freedoms, including its property rights. Turkey should allow the reopening of the Patriarchate’s school of theology on Halki Island and guarantee the right to train clergy of all nationalities, not just Turkish nationals.”

We commend you for your support of the Ecumenical Patriarchate. However, very little progress has been forthcoming on behalf of Turkey regarding safeguarding the Ecumenical Patriarchate, the spiritual leader of approximately 300 million Orthodox Christians around the world, including about 6 million in the United States, and its affiliate institutions in Turkey. On the contrary, in view of Turkey’s aspirations to join the EU, one can argue that there has been regression regarding any progress concerning the Ecumenical Patriarchate.

The Turkish government has tolerated assaults against its Greek Orthodox Christian religious minority and the Ecumenical Patriarchate, and continues the illegal closure of the Greek Orthodox Halki Patriarchal School of Theology.

These actions violate U.S. principles on freedom of religion and U.S. law as expressed in Section 2804 of the Omnibus Emergency Supplemental Appropriations Act of 1998 (PL 105-277). The law states that the “United States should use its influence with the Government of Turkey to suggest that the Government of Turkey:

recognize the Ecumenical Patriarchate and its nonpolitical religious mission;

ensure the continued maintenance of the institution’s physical security needs, as provided for under Turkish and international law, including the Treaty of Lausanne, the 1968 Protocol, the Helsinki Final Act (1975) and the Charter of Paris;

provide for the proper protection and safety of the Ecumenical Patriarch and the Patriarchate personnel; and

reopen the Ecumenical Patriarchate’s Halki Patriarchal School of Theology.”

His Eminence Archbishop Demetrios, Primate of the Greek Orthodox Archdiocese in North America, led a panel discussion at the U.S. Helsinki Commission on March 16, 2005, which presented a clear picture of how religious human rights violations by the Turkish government have been working to exterminate the Ecumenical Patriarchate and the Orthodox Christian community in that country. The panel briefing highlighted Turkey’s systemic efforts to undermine the Orthodox Church, violating numerous international treaties to which it has agreed.

Archbishop Demetrios and Dr. Anthony Limberakis, National Commander, The Order of Saint Andrew the Apostle, Archons of the Ecumenical Patriarchate, “detailed the severe restrictions on property ownership which have allowed the government to confiscate nearly 7,000 properties from the Ecumenical Patriarchate since 1936. Behind them stood placard-size photos of the most recently seized property, an orphanage on Buyukada island which once housed hundreds of homeless children.”

Former U.S. Helsinki Commission Co-Chairman, Congressman Christopher H. Smith (R-NJ), has stated: “The concern of this Commission is the protection of religious rights and freedoms. Turkey’s treatment of the Ecumenical Patriarchate violates its obligations under international human rights law.” Mr. Smith blamed Turkey for systemically attempting to prevent the activities of the Patriarchate by disallowing the opening of the Halki Theological School forcibly closed in 1971, destroying churches by creating hurdles preventing their repair, denying the Patriarchate the opportunity to purchase and or sell property and not recognizing the Patriarchate’s “Ecumenical” status, in effect, denying its universal status.

Turkey’s restrictions on the religious freedom of the Ecumenical Patriarchate reveal that democratic norms have still not taken root. In view of Turkey’s horrendous human rights record, U.S. policy toward Turkey should be driven by forceful incentives for democratic reform.

We condemn Turkey’s toleration of assaults against its Greek Orthodox Christian minority, the limited progress so far on the protection of the human and minority rights of the non Muslim communities in Turkey, its continuing illegal closure of the Greek Orthodox Halki Patriarchal School of Theology and its illegal seizure of property of the Ecumenical Patriarchate and the Greek Orthodox minority of Istanbul, Imbros and Tenedos.

Under the International Religious Freedom Act (IFRA) of 1998, the President of the United States is obligated to oppose violations of religious freedom in any country whose government “engages in or tolerates violations of religious freedom and promote the right to religious freedom in that country”. The Act further obligates the President to take one or more of 15 enumerated actions with respect to any such country.

We call on you, Mr. President, to impress upon Turkey that our government:

will not tolerate such violations from an ally and calls on Turkey to immediately implement and enforce strictly the guarantees of religious freedom and human and minority rights set forth in the Treaty of Lausanne, the UN Charter, other international agreements, and U.S. laws;

expects that the Ecumenical Patriarchate will be safeguarded and that legal personality will be granted to the Ecumenical Patriarchate;

calls for the immediate reopening of the Halki School of Theology and the lifting of restrictions to the elections of the Patriarch;

calls for the immediate return of the nearly 7,000 illegally confiscated properties from the Ecumenical Patriarchate by the Turkish government since 1936; and

calls for the respect for human and minority rights in Turkey

is prepared to implement provisions of the IRFA if necessary if these actions are not implemented by Turkey.

The Aegean Sea

Turkey has made an outrageous claim to one-half of the Aegean Sea in total disregard of all the relevant international treaties and agreements in force, has engaged in provocative activities in the Aegean and does not agree to the referral to the International Court of Justice of the issue of the delimitation of the continental shelf. Despite the opening of accession negotiations with the EU and Greece’s sincere efforts to achieve complete normalization in relations with Turkey, the latter continues to threaten Greece with war (casus belli) and promotes claims that are unfounded and devoid of any legal basis.

Provoking tension in the Aegean, Turkish military aircraft violate Greek national airspace on an almost daily basis, even flying over Greek islands. One such violation contributed directly to the death in 2006 of a Greek air force pilot who went up to intercept an illegal incursion and collided with a Turkish fighter plane. The Turkish pilot parachuted safely. These are not the actions that promote stability and good neighborly policies.

These activities have intensified recently, undermining Greek efforts for rapprochement. . There have been several flights over two inhabited eastern Aegean islands, Farmakonisi and Agathonisi, as well as incidents involving harassment of Greek helicopters within Greek airspace. .There has also been an incident involving the sailing of a Turkish frigate in Greek territorial waters, just off Greece’s mainland coast near Athens, in a way which is not in conformity with international law. In addition, late last year, a Norwegian research vessel, acting on behalf of the Turkish Petroleum State Company and accompanied by a Turkish frigate, attempted to conduct research on the Greek continental shelf south of the Greek island of Kastellorizo, in the Dodecanese.

Since Turkey aspires to become a full member state of the EU and is currently a non permanent member of the UN Security Council, she should especially be more respectful of international law and the commitments she has undertaken in the context of the EU accession process, including the full respect for the principle of good neighborly relations. Mr. President, the situation in the Aegean has become acute and has the potential to trigger a flash point that would be detrimental to the stability of the region.

We call upon you to:

publicly state that the United States does not accept the unfounded Turkish claims in the Aegean Sea, which are in contravention of the relevant international treaties.

The relevant agreements are the Treaty of Lausanne of 1923, the Italy-Turkey Convention of January 4, 1932, the Italy-Turkey Protocol of December 28, 1932 and the 1947 Paris Peace Treaty, under which the Dodecanese Islands and adjacent islets were ceded by Italy to Greece.

The United States is a signatory to the 1947 Paris Peace Treaty and that treaty is U.S. law. The State Department has refused to declare publicly what the law is and should do so now. The United States should also vigorously repudiate any challenge to the treaty-defined boundary and urge Turkey to:

adhere to international law and legal procedures with respect to any dispute it has with Greece in the Aegean Sea; and

immediately abandon its provocative actions in its violations of Greek territorial waters and airspace.

The Former Yugoslav Republic of Macedonia (FYROM)

Mr. President, while in the Senate, you were one of three original lead co-sponsors of Senate Resolution 300, which urged that the FYROM work with Greece within the framework of the United Nations process to reach a mutually acceptable official name for that country and achieve longstanding U.S. and U.N. policy goals.

In a statement that your campaign released to the Greek American community in October 2008, you stated:

“…[I] support the UN-led negotiations and believe that there can and should be an agreement between Skopje and Athens on a mutually-acceptable name that leads to greater stability in the Balkans.”

Greece is by far the strategic key for the United States in the Balkans and the most economic and politically stable country in the Balkans. By contrast, the FYROM is of little or no strategic significance to the national security interests of the United States.

However, the continuing intransigent and provocative actions by the government of the FYROM against its neighbor, Greece, poses a potential threat to stability in the Balkans, to the detriment of U.S. interests.

At the same time, it seems that it has been the U.S.’s policy to take Greece for granted over the years. The sensitivities and concerns of our most important ally in the Balkans, and one of our most loyal and long-time allies have not always been considered. Successive administrations have looked upon Greece as a Western nation and an ally that will not rock the boat and will follow what the United States and the major NATO nations desire. This policy has been unfortunate and has created unnecessary problems -- such as the FYROM name issue.

Greece has made a major compromise by proposing “a compound name for the country; a name that will distinguish it from both the Greek and Bulgarian part.”Greece’s position is unambiguous. It has gone the extra mile. It wants a negotiated, mutually acceptable solution that will be valid internationally, in accordance with the U.N. Security Council resolutions. Foreign Minister Bakoyannis publicly expressed Greece’s readiness to accept a composite name. This is a serious shift of tremendous importance from Greece’s initial position. Unfortunately, this gesture was not reciprocated by the FYROM. The time is ripe for FYROM to demonstrate the maturity and the responsibility that a state needs in order to become a member of the Alliance.

The United States can easily turn the situation around by informing FYROM that it supports the Greek government’s major compromise of accepting “a compound name for their country, a name that will distinguish it from both the Greek and Bulgarian” part.

The immediate settlement of the name issue, in a way that is acceptable to Greece, will allow the United States’ strongest ally in the Balkans to be the driving force for FYROM’s membership to NATO and ultimately to the European Union. FYROM’s “passport” to NATO and the European Union is Greece.

It is, however, FYROM, that is the intransigent party in this regard, and not Greece. FYROM must realize that in order to join NATO, it must focus on the fulfillment of NATO’s good neighborly relations principle and the immediate settlement of the difference over the name. Greece is the biggest investor in FYROM and literally helps to sustain FYROM’s precarious economy and reduce its large unemployment. Greece is also a leader in investment and economic development in Southeastern Europe, with over $22 billion invested.

Yet, FYROM continues to provoke Greece and refuses to negotiate in good faith over the name issue. Unfortunately, actions over the years -- such as distortion of geographic maps, naming its airport “Alexander the Great,” revisionist textbooks in schools and inflammatory comments by top government officials -- encourage new generations in FYROM to cultivate hostile sentiments against Greece. Further, this continuing systematic government policy will hinder FYROM’s accession to both the EU and NATO. This is the real threat to stability in the Balkans.

Further, since Prime Minister of the FYROM, Mr. Nikola Gruevski, came to power in August 2006 he has followed a long-term policy of extreme nationalism and provocation against Greece, in a manner which is totally inconsistent with European values. This conscious political decision is being implemented through numerous actions and statements, which breach essential provisions of the Interim Accord and undermine the efforts to build a climate of trust, cooperation and good neighbourly relations.

Most recently, Prime Minister Gruevski has:

named part of the Pan-European Corridor that runs through FYROM’s territory, after Alexander the Great. It should be noted that this project is partly financed by Greece which has pledged the amount of $75 million in the framework of the Hellenic Plan for the Reconstruction of the Balkans

renamed the main stadium of Skopje after "Philip II, the Macedon;" and

re-introduced the "Sun of Vergina" as a symbol of his country in government financed TV spots broadcasted internationally. It should be noted that FYROM has committed itself to cease to use in any way the “Sun of Vergina” in all its forms.

Unfortunately, the irresponsible decision by the Bush administration in the fall of 2004 to recognize FYROM as the “Republic of Macedonia” has contributed greatly to FYROM’s increasingly intransigent stance and has served to undermine the negotiations.

In our view, and in the view of many others, U.S. actions since 1992 regarding the FYROM name dispute have constituted an American foreign policy blunder that has damaged U.S. interests in the Western Balkans and harmed Greece, our key ally in the Balkans and Eastern Mediterranean, for no sound reason.

Therefore, we ask that your Administration:

Persuade FYROM to negotiate in good faith with Greece to resolve the name issue and to cease immediately their irredentist propaganda against Greece, propaganda which violates the UN-brokered Interim Accord, as stated in Article 7 paragraph 1 of the Accord, signed in New York on September 13 1995 between FYROM and Greece.

A name that satisfies bothcountries and the immediate halting of all provocative actions against Greece will satisfy the interests of all the parties.

Closing

Mr. President, you have stated that the cornerstone of your Administration will be the rule of law and transparency as you forge ahead to deal with the serious issues facing our nation at home and abroad.

The issues discussed above and the recommendations presented for their successful resolution are all embodied within the fundamental principles of democracy and are founded on the rule of law.

We appreciate the opportunity to bring these issues to your attention and thank you for your consideration of them.

Sincerely,

Aleco HaralambidesPresident

Nick LarigakisExecutive Director

The American Hellenic Institute is a nonprofit public policy organization that works to strengthen relations between the United States and Greece and Cyprus, and also within the American Hellenic community.

Prior to President Obama’s visit to Turkey, the American Hellenic Institute (AHI) wrote to the President on March 26, 2009 in order to bring to his attention the core issues of concern to the Greek American community as he prepared to embark on his trip. The background and arguments presented were based in support of the rule of law, U.S. laws, international law and in the best interests of the United States.

Ever since President Obama was elected in November and up until the time of his inauguration, there were several reports issued from think-tanks in Washington, D.C. They advocate that one of the top priorities for President Obama is to engage Turkey in order to repair the “strategic relationship between the United States and Turkey…” One of the reports goes on to say “…this vital alliance has suffered through serious strains in recent years, mostly due to ill will generated by the 2003 Iraq War. Today, this neglected alliance is in critical need of repair.” Further, the report called on the new President to make “…Turkey one of the first stops on [the President’s] first European trip…such a visit to Turkey [should be made] within the context of a European as opposed to a Middle Eastern trip to demonstrate that the United States considers Turkish membership in the EU and stronger ties to the West to be an important strategic objective.”

The report, which is titled “The Neglected Alliance – Restoring U.S.-Turkish Relations to Meet 21st Century Challenges” (December 2008) was produced by the Center for American Progress whose President and CEO is John D. Podesta. This is the same John Podesta who was the Head of President Obama’s transition team and the former chief of staff to President Bill Clinton.

The other reports had a similar message.

The impact of the foreign policy centered Washington think-tank establishment should never be underestimated as to their ability to influence and set forth the foreign policy agenda of any administration.

However, many times, these reports have their own hidden agenda and do not always serve to guide our policy makers in what’s in the best interest of the United States.

We understand that the United States, as a major world power, has a diverse agenda and we don’t view his trip to Turkey within the context of a “zero sum game,” just because he didn’t also visit Greece. However, we look forward to monitoring future developments as to when the President might see it appropriate to visit Greece and if there are any invitations lurking in the horizon for Prime Minister Karamanlis and President Christofias to visit the United States.

The President’s agenda in Turkey was to go there in order to seek support for Afghanistan and Iran, and for an exit corridor for our U.S. troops out of Iraq. Within this context he also looked to try and heal the strain in U.S. relations with Turkey.

However, this trip also provided the president with a great opportunity to send a strong message to Turkey as it relates to stability and U.S. interests in the region within the context of outstanding issues relating to Greece and Cyprus.

How did he do?

We commend him for raising two very important issues, that of Cyprus and the Ecumenical Patriarchate.

Regarding the Patriarchate he said:

“Freedom of religion and expression lead to a strong and vibrant civil society that only strengthen the state, which is why steps like reopening the Halki Seminary will send such an important signal inside Turkey and beyond. An enduring commitment to the rule of law is the only way to achieve the security that comes from justice for all people.”

We would have appreciated a more definitive comment along the lines of his pre-campaign statement and not one that implies it will be a good “step” to re-open Halki. In his October 2008 statement, he said:

“[He was] one of 73 Senators who signed a letter to President Bush in 2006 urging him to press Turkey to restore the full rights of the Ecumenical Patriarchate of the Orthodox Christian Church in Istanbul. [And he had sent] Secretary of State Condoleezza Rice a personal letter on the same matter. [He called on] Turkey to respect the Ecumenical Patriarchate’s rights and freedoms, including its property rights. Turkey should allow the reopening of the Patriarchate’s school of theology on Halki Island and guarantee the right to train clergy of all nationalities, not just Turkish nationals.”

As pointed out by this statement, there are a number of serious issues facing the Ecumenical Patriarchate, not just Halki. He should have also called on Turkey to address them as well. Turkey should immediately:

recognize the Ecumenical Patriarchate and its nonpolitical religious mission;

ensure the continued maintenance of the institution’s physical security needs, as provided for under Turkish and international law, including the Treaty of Lausanne, the 1968 Protocol, the Helsinki Final Act (1975) and the Charter of Paris;

provide for the proper protection and safety of the Ecumenical Patriarch and the Patriarchate personnel;

reopen the Ecumenical Patriarchate’s Halki Patriarchal School of Theology;” and

return 7,000 plus church properties illegally taken.

We hope that the President addressed these issues during his private meetings with the Turkish leaders.

Further, it would have sent a stronger message to Turkey if he had visited with the Ecumenical Patriarch at the Patriarchate itself rather than in his hotel. We are certain that if he was in Rome, the President would not have had the Pope visit him in his hotel. We must remember that the Ecumenical Patriarch is the spiritual leader of close to 300 million Orthodox Christians throughout the world, including approximately 5 million in the United States!

Regarding Cyprus he said:

“Advancing peace also includes the disputes that persist in the Eastern Mediterranean. And here there’s a cause for hope. The two Cypriot leaders have an opportunity through their commitment to negotiations under the United Nations Good Offices Mission. The United States is willing to offer all the help sought by the parties as they work towards a just and lasting settlement that reunifies Cyprus into a bizonal and bicommunal federation.”

Here again, we commend the President for raising these issues within the context of a “bizonal and bicommunal federation.”

However, he equates President Demetrios Christofias, who is internationally recognized as the President of the Republic of Cyprus, except by Turkey, with that of the leader of the 18% Turkish Cypriot minorit, Mehmet Ali Talat, when he refers to both as being the “two Cypriot leaders.”

And it is important to note that the president did not make any mention of the continuing ongoing Turkish occupation on Cyprus the way he did in his October 2008 campaign statement. At that time he said in part:

“…A negotiated political settlement on Cyprus would end the Turkish occupation of northern Cyprus and repair the island’s tragic division while paving the way to prosperity and peace throughout the entire region.”

It would have been extremely useful to the negotiations process had he reiterated this in his speech.

Further, if the United States is truly “willing to offer all the help sought by the parties as they work towards a just and lasting settlement that reunifies Cyprus” it can begin by calling on Turkey to:

demilitarize Cyprus now;

withdraw its 43,000 occupation troops illegally in Cyprus (Turkey’s troops can be more useful if deployed in Afghanistan);

return to Turkey the 180,000 illegal settlers/colonists from Turkey in violation of the Geneva Convention of 1949;

tear down the green line barbed-wire fence across the face of Cyprus which, together with Turkey’s 40,000 occupation forces, is the real cause of the alleged isolation of the Turkish Cypriots in the occupied northern part of Cyprus; and

warn Turkish leaders not to manipulate the current talks or restrict Mr. Talat at the bargaining table.

Advocating these policy decisions would underscore support for the rule of law and respect for international law. This would illustrate that the United States truly wishes to advance the cause of solving the 35-year-old Cyprus problem. Continuing former failed policies that promote a double standard in applying the rule of law to Turkey and the continuing appeasement of Turkey does not serve U.S. interests.

Finally, Turkey continues to create serious problems in the Aegean by almost on a daily basis violating Greece’s territorial integrity. This is a very important issue as it also relates to the stability of the region and by extension U.S. interests there. Yet President Obama did not refer to this issue or make any reference to the importance of continuing to advance the cause of strengthening Turkish relations with Greece-two NATO allies.

While we understand that the President’s main focus in Turkey was to receive support for our military operations in Afghanistan and other outstanding issues referred to earlier, there are no indications that would prove that the Turks promised us anything.

And what’s worse, the President, in an effort to appease Turkey, referred to Turkey as being a “…resolute ally and a responsible partner in transatlantic and European institutions.” How? By occupying a European Union country? By continuing to threaten Greece, a NATO ally, with war (casus belli) and promote claims that are unfounded and devoid of any legal basis? By not allowing our soldiers to advance into northern Iraq during the Iraqi War unless we gave them 32 billion dollars? We could continue.

Be that is it may, it is still appreciated that the President at least raised a number of our core issues in a public setting and that he did meet with the Ecumenical Patriarch. For this, we once again commend and thank him.

However, we now look forward to the President following through and to monitor Turkey to see if she will heed his suggestions.

To do this, would give further sustenance to the President’s commitment to advancing his Administration’s agenda within the rule of law and transparency, not only at home but abroad.

The AHI makes these comments and recommendations for the successful resolution of the above mentioned issues as embodied within the fundamental principles of democracy and founded on the rule of law as in the best interests of the United States.

The American Hellenic Institute is a nonprofit public policy organization that works to strengthen relations between the United States and Greece and Cyprus, and also within the American Hellenic community.

The Ruling

The European Court of Justice (ECJ) ruled that even though (1) the Republic of Cyprus does not exercise effective control over that area of its territory that is occupied by the armed forces of the Republic of Turkey and (2) the application of European Union law is suspended in the occupied area, the judgment of a court of the Republic of Cyprus which involves land located in the occupied area must be recognized and enforced by the courts of other Member States of the European Union.

The Facts

Turkey invaded Cyprus in 1974. Turkey ejected persons who held title to real property in the occupied area under the laws of the Republic of Cyprus prior to the invasion. Turkey has wrongfully and illegally excluded those persons from their real property and denied them the use and enjoyment of their property.

In 2004, the Republic of Cyprus became a Member State of the European Union. Because Turkey still occupied its territory, the law of the EU was suspended in the occupied area because the Republic of Cyprus did not exercise effective control in the occupied area.

Mr. Apostolides holds title to property in the occupied area and was excluded from his property by Turkey. In 2003 he learned that two British citizens, Mr. and Mrs. Orams, had “purchased” his property. He sued them in the courts of the Republic of Cyprus for return of possession of the property and for damages. The courts returned and affirmed a judgment in favor of Mr. Apostolides.

Because the Orams owned property located in Great Britain, Mr. Apostolides sought to enforce the judgment he had obtained in Cyprus in the courts of Great Britain. He asked the British courts to allow him to take property owned by the Orams in Great Britain to satisfy his judgment. The basis for enforcing the judgment was that, because each of Great Britain and the Republic of Cyprus is a Member State of the European Union, the courts of Great Britain were obligated to recognize and enforce the judgment of a court of the Republic of Cyprus. He relied on an EU law which required the courts of a Member State to recognize and enforce the judgments of the courts of another Member State. This law is similar to the law in the United States which requires the courts of a State to recognize and enforce the judgments of the courts of any other State. The Orams argued that because the law of the EU is suspended in occupied Cyprus, the law requiring the courts of EU Member States to recognize and enforce the judgments of the courts of another EU Member State does not apply.

The highest court of Great Britain referred the issue to the European Court of Justice (ECJ) which is the highest court of the European Union. The ECJ is empowered to hear issues of EU law referred to the ECJ by the highest court of an EU Member State. The highest court of Great Britain asked the ECJ to decide whether the law which requires the courts of EU Member States to recognize and enforce the judgments of the courts of another EU Member States applies even though EU law is suspended in occupied Cyprus. The ECJ ruled that the British courts must recognize and enforce the judgment of the courts of the Republic of Cyprus. As a practical matter, this means that the British must order that the property of the Orams located in Great Britain be sold to satisfy the judgment Mr. Apostolides had obtained from the Cypriot court. It is theoretically possible but unlikely that the British courts will refuse to adopt the ECJ ruling.

Significance of the ECJ Ruling to Persons Who Hold Title to Property In Occupied Cyprus Under the Laws of the Republic of Cyprus

The ECJ ruling is significant because it enables lawful owners of property located in occupied Cyprus to obtain damages from a person who possesses their property if that person has any type of property located in any of the 27 Member States of the EU. However, the lawful owner must complete the following procedure:

File a complaint in the appropriate court of the Republic of Cyprus,

Serve a summons/complaint on the person who possesses the property (referred to as the defendant) in a manner required under the laws of the Republic of Cyprus,

Litigate the case through the court to judgment,

If the defendant answers the summons/complaint and appears in court the parties must litigate the case, or

If the defendant does not answer or appear in court, ask the court to grant a judgment by default.

Determine in which of the 27 EU Member States the defendant has property, identify the property and assert a cause of action in the courts of that Member State to recognize and enforce the judgment.

If the court of a Member State has jurisdiction over the defendant and (A) the defendant has property in a country which is a non-EU Member State and (B) the Member State has a treaty under which judgments in the Member State are recognized and enforced in the courts of the non Member State, then the lawful owner may also enforce the Cypriot judgment in the non Member State.

Note that the crucial fact is not the citizenship of the defendant but whether the defendant has property located in an EU Member State which is available under the laws of that Member State to satisfy a judgment. Consequently, the property of Turkish Cypriots or Turkish citizens located in another EU Member State may be available to satisfy a judgment if 1 through 4 are accomplished.

In its inaugural issue of the AHIF Policy Journal, AHIF will publish an in depth article onAPOSTOLIDES v. ORAMS which will include an analysis of the effect of the case on the current negotiations.

The American Hellenic Institute is a nonprofit public policy organization that works to strengthen relations between the United States and Greece and Cyprus, and also within the American Hellenic community.

The State Department Report on Religious Freedom Reaffirms Turkey’s Failure to Implement Reforms

November 30, 2009

WASHINGTON (November 30, 2009)—The U.S. Department of State, in its latest International Religious Freedom (IRF) Report, reaffirmed that the Turkish state has failed to implement a series of amendments to its Constitution regarding the integrity and existence of a secular state, and furthermore, has failed to fulfill its commitments to employ significant bilateral and multilateral arrangements within the context of fundamental civil, political and religious rights, announced the American Hellenic Institute (AHI), a leading Greek American public policy center. The State Department published the report on October 26, 2009.

“We urge President Barack Obama to exert pressure on Turkey to comply with its commitments and impose the appropriate sanctions in the cases of non-compliance,” said AHI Executive Director Nick Larigakis. “Failing to do so makes the U.S. complicit in Turkey’s insidious efforts to extinguish its Greek Orthodox minority and the Ecumenical Patriarchate, which is the spiritual center for 300 million Orthodox Christians worldwide.”

AHI has been the front-runner in informing the U.S. government about Turkey’s continuous violations of human rights and international law, and the need for the U.S. to act accordingly to address these issues affecting the Greek American community. A synopsis of IRF Report is found below.

Synopsis: U.S. Department of State’s International Religious Freedom Report

The International Religious Freedom Report specifically states that Turkey continues to place a significant level of limitations on the freedom of expression of religious minority communities for the “stated reason of preserving the secular state.” These significant restrictions, including state policies and actions, effectively place restrictions upon the ability of religious minorities to work in state institutions due to their faith. In addition, religious minorities have faced serious difficulties in practicing their faith, registering their status with the Turkish government, in their right to own and maintain property, train religious clergy and offer religious education. Social harassment and restrictions on expression have led to the decline, or in some instances disappearance, of some religious minorities from lands they had inhabited for centuries. The report found that the persistence of this problem places the existence of several religious minorities in Turkey at risk.

According to the Report’s findings, the legal/policy framework in Turkey is as one of the core problems leading to the restriction of religious freedom. Even though registration with the government is not mandatory for religious groups, failing to do so results in harassment. Any organization or religious group can register as an association or foundation but is not allowed to register on “religious grounds.” Moreover, the process of application is lengthy, expensive and involves high levels of bureaucracy. According to the law, non-registration prevents a religious group from owning real estate, and in addition, requires that it be administered by a Turkish citizen.

Failed Implementation of Protections for Religious Minorities in Turkey

Specifically, Turkey has failed to implement the guarantees and protections granted for all non-Muslim religious minorities under the 1923 Treaty of Lausanne. It is estimated that there are approximately 3,000 Greek Orthodox Christians in Turkey today who are severely limited to their means of obtaining legal recognition of their status as a Patriarchate rather than a foundation; a fact that severely restricts their ownership and property transfer rights within the Turkish state. In addition, the Turkish legal framework fails to allow the Greek Orthodox community to reclaim the hundreds of properties expropriated by the state over the years.

Furthermore, religious minorities have continued to report difficulties in maintaining and operating their houses of worship. In particular, the Greek Orthodox Church has faced significant restrictions with regards to the administration of its churches. Turkey still fails to recognize the Ecumenical status of the Greek Orthodox Patriarch. Also, the Ecumenical Patriarchate in Istanbul has continued to seek the reopening of the Halki seminary, which was closed in 1971. The IRF Report inaccurately states that the Halki seminary was closed to avoid being nationalized by the Turkish state. Instead, the seminary was closed due to a Turkish law that prohibits the operation of private institutions of higher education.The closure of the Halki seminary severely restricts the training of religious clergy and the religious education of the Greek Orthodox Christian minority.

On the matter of restoration or construction of facilities and monuments of religious minorities, the Turkish state requires that work needs to be granted authorization by the regional board. As a result, increased bureaucratic procedures relating to the historical preservation of sites of religious minorities have seriously undermined the repairs of religious facilities. This matter highlights the limitations placed upon religious freedom and shows the lack of respect on the part of Turkey to rightfully protect its cultural and national wealth. According to the IRF Report, on July 8, 2009, the ECHR ruled that Turkey had violated the Ecumenical Patriarchate’s property rights regarding a former orphanage on Buyukada Island. The process to determinate whether the land will be returned to the Patriarchate, or whether it will receive monetary compensation, is still in progress.

The U.S. State Department recognizes the Greek Orthodox community has suffered through a series of events resulting in the destruction of private and commercial properties, violation of religious sites, and expropriation of income-generating properties of both private citizens and the Ecumenical Patriarchate. In this state of affairs, survival of both the Ecumenical Patriarchate and the Greek Orthodox community in Turkey is severely undermined. With reference to its most recent findings, the report cites that in the first half of 2009, two Greek Orthodox cemeteries in Istanbul and one in Izmir suffered extensive damage as a result of vandalism. After a series of incidents reported in February, national police officials were assigned in March to protect a cemetery in Balikli. According to estimates of Greek Embassy officials, nearly 60 percent of Istanbul’s Edirnekapi cemetery has been destroyed.

In addition to the aforementioned examples, there is an endless list of continued Turkish suppression of other non-Muslim religious minorities.

In its final section, the IRF Report highlights the efforts of the U.S. Government to promote human rights and religious freedom to Turkish government officials and authorities. The reopening of the Halki seminary is an issue the U.S. ambassador and other U.S. officials in Turkey have repeatedly urged Turkish officials to act upon. On April 6, 2009, in his speech to Turkish Parliament, President Barack Obama reinforced this position, “Freedom of religion and expression lead to a strong and vibrant civil society that only strengthens the state, which is why steps like reopening the Halki Seminary will send such an important signal inside Turkey and beyond.” The following day he met with the Ecumenical Patriarch paying tribute to His All Holiness’s role as a significant religious leader.

The American Hellenic Institute is a nonprofit public policy organization that works to strengthen relations between the United States and Greece and Cyprus, and also within the American Hellenic community.

The American Hellenic Institute (AHI) congratulates the news magazine show 60 Minutes for producing the recently aired segment on the plight of the Ecumenical Patriarch and the Patriarchate in Istanbul, Turkey. It’s very satisfying and encouraging, to finally see a main stream American news program bring much needed public awareness regarding the lack of religious freedom in Turkey and specifically to the Orthodox Christian community there.

We also congratulate His All Holiness for having the courage to forcefully speak out regarding the intolerable suffering that he and this 17 century old Christian institution faces today in modern day Turkey, country that aspires to join the European Union.

It is also important to note the October 14, 2009, Commission of the European Communities “Turkey 2009 Progress Report” regarding Turkey’s progress for accession into the European Union. This report also supports His All Holiness’ comments.

The Turkish government has tolerated assaults against the remaining approximately 3,000 Greek Orthodox Christian religious minority and the Ecumenical Patriarchate; continues the illegal closure of the Greek Orthodox Halki Patriarchal School of Theology and refuses to return 7,000 church properties which were illegally seized.

The “Turkey 2009 Progress Report” states:

“Non-Muslim communities-as organized structures of religious groups-still face problems due to lack of legal personality. Restrictions on the training of clergy remain…The Halki Greek Orthodox seminary remains closed, although its re-opening was widely debated over the reporting period…”

The Ecumenical Patriarch is not free to use the ecclesiastical title ‘Ecumenical’ on all occasions. In June 2007 the Court of Cassation ruled that persons who participate and are elected in religious elections held in the Patriarchate should be Turkish citizens and be employed in Turkey at the time of the elections. However, Turkish and foreign nationals should be treated equally as regards their ability to exercise their right to freedom of religion by participating in the life of organized religious communities in accordance with the ECHR and case law of the ECtHR..

Attacks against minority religions still occur.”

Following the CBS 60 Minutes report, His All Holiness came under attack from the government in Turkey. Specifically Turkish Foreign Minister Ahment Davutoglou in referring to the Patriarch’s comments that he feels “crucified” stated that he wished those remarks had been an “undesirable slip of the tongue.”

The reaction of Mr. Davutoglou and others in Turkey help to underscore the intolerant attitude by the Turkish Government towards His All Holiness and the general lack of respect for religious freedom and human rights in Turkey.

The AHI has long advocated that our government needs to take a more active approach by ratcheting up the pressure on Turkey in order to safeguard the protection and security of the Ecumenical Patriarchate.

By receiving His All Holiness Bartholomew I at the White House on November 3, 2009, President Obama, underscored the important stature and recognition His All Holiness deserves as a well-respected and admired world religious leader.

This was further illustrated when in his speech before the Turkish Assembly on April 6, 2009, he said:

“Freedom of religion and expression lead to a strong and vibrant civil society that only strengthens the state, which is why steps like reopening the Halki Seminary will send such an important signal inside Turkey and beyond. An enduring commitment to the rule of law is the only way to achieve the security that comes from justice for all people.”

And of course, in his October 2008 campaign statement, he said:

“[I was] one of 73 Senators who signed a letter to President Bush in 2006 urging him to press Turkey to restore the full rights of the Ecumenical Patriarchate of the Orthodox Christian Church in Istanbul. [And I sent] Secretary of State Condoleezza Rice a personal letter on the same matter. [Calling on] Turkey to respect the Ecumenical Patriarchate’s rights and freedoms, including its property rights. Turkey should allow the reopening of the Patriarchate’s school of theology on Halki Island and guarantee the right to train clergy of all nationalities, not just Turkish nationals.”

However, as pointed out by this statement, there are a number of serious issues facing the Ecumenical Patriarchate, not just Halki.

Turkey’s actions violate U.S. principles on freedom of religion and U.S. law as expressed in Section 2804 of the Omnibus Emergency Supplemental Appropriations Act of 1998 (PL 105-277). The law states that the “United States should use its influence with the Government of Turkey to suggest that the Government of Turkey:

recognize the Ecumenical Patriarchate and its nonpolitical religious mission;

ensure the continued maintenance of the institution’s physical security needs, as provided for under Turkish and international law, including the Treaty of Lausanne, the 1968 Protocol, the Helsinki Final Act (1975) and the Charter of Paris;

provide for the proper protection and safety of the Ecumenical Patriarch and the Patriarchate personnel; and

reopen the Ecumenical Patriarchate’s Halki Patriarchal School of Theology.”

We condemn Turkey’s toleration of assaults against its Greek Orthodox Christian minority, the limited progress so far on the protection of the human and minority rights of the non-Muslim communities in Turkey, its continuing illegal closure of the Greek Orthodox Halki Patriarchal School of Theology and its illegal seizure of property of the Ecumenical Patriarchate and the Greek Orthodox Christian minority of Istanbul, Imbros and Tenedos.

Under the International Religious Freedom Act (IFRA) of 1998, the President of the United States is obligated to oppose violations of religious freedom in any country whose government “engages in or tolerates violations of religious freedom and promote the right to religious freedom in that country.” The Act further obligates the President to take one or more of 15 enumerated actions with respect to any such country.

We call on President Obama, to impress upon the Turkish government that the U.S.:

will not tolerate such violations from an ally and calls on Turkey to immediately implement and enforce strictly the guarantees of religious freedom and human and minority rights set forth in the Treaty of Lausanne, the UN Charter, other international agreements, and U.S. laws;

expects that the Ecumenical Patriarchate will be safeguarded and that Turkey will recognize the legal personality of the Ecumenical Patriarchate;

calls for the immediate reopening of the Halki School of Theology and the lifting of restrictions to the elections of the Patriarch;

calls for the immediate return of the nearly 7,000 properties which were illegally confiscated from the Ecumenical Patriarchate by the Turkish government since 1936; and

calls for the respect for human and minority rights in Turkey

is prepared to implement provisions of the IRFA if necessary if these actions are not implemented by Turkey.

The AHI is very concerned regarding the immediate safety and security of the Ecumenical Patriarch following his interview in view of the strong comments by the Turkish government and certain Turkish media outlets. It is imperative the United States try to prevent any incidents regarding the Ecumenical Patriarch from occurring. This is a serious matter that needs to be addressed immediately before an escalation of hostile actions occur. Clearly it is in the best interests of the United States to see that hostile actions do not happen.

Turkey should be proud to have this historical religious institution on its soil and to allow it to flourish. Ecumenical Patriarch Bartholomew I is a Turkish citizen who served in the Turkish Uniform Services. The Ecumenical Patriarch lives a pious life of honesty and humility.

The AHI cannot stress enough the importance of the Ecumenical Patriarch and his role as spiritual leader of 300 million Orthodox Christians around the world including 5 million in the United States.

Finally, the AHI urges the President to designate Turkey as a country of particular concern under IRFA for severely violating religious freedom and to impose appropriate sanctions. Failing to do so makes the U.S. complicit in Turkey’s insidious efforts to extinguish its Orthodox Greek Christian minority and the Ecumenical Patriarchate, which is a mathematical certainty if events continue to proceed unimpeded.

The United States is a major supporter of Turkey including support for entry into the European Union. A core principal of the EU and the founding of our own country is religious freedom. As we continue to witness, in Turkey this simply does not exist yet.

The American Hellenic Institute is a nonprofit public policy organization that works to strengthen relations between the United States and Greece and Cyprus, and also within the American Hellenic community.